Peter Willis v Health Communications Network Ltd [2007] NSWCA 313

Peter Willis v Health Communications Network Ltd [2007] NSWCA 313

The redundancy appeal failed because the redundancy policy was not incorporated into the appellant's employment contract and no redundancy payment term should be implied by law into all employment contracts. The appellant succeeded in substance on the superannuation issue because his remuneration package contractually included superannuation at 9% of base salary, payable for the six-month notice period even though the respondent elected to make payment in lieu of notice; however, because the respondent paid the amount due with interest, no formal payment order was necessary and the appeal was dismissed without prejudice to costs submissions.

Jurisdiction
Australia
Judgment Date
06 November 2007
Procedural Posture
Employment Contract Appeal / Appeal From District Court of New South Wales Decision Entering Verdict for the Respondent
Outcome
Appeal dismissed; respondent succeeded on the Notice of Contention on the redundancy issue, while the appellant succeeded in substance on the superannuation issue after the respondent paid the amount due with interest.
Legal Topics
['termination of Employment' 'redundancy Payments' 'incorporation of Workplace Policies Into Employment Contracts' 'superannuation Contributions on Payment in Lieu of Notice' 'supplementary Submissions Filed After Hearing Without Leave' 'costs']
['employment Law' 'contract Law' 'practice and Procedure'] ['termination of Employment' 'redundancy Payments' 'incorporation of Workplace Policies Into Employment Contracts' 'superannuation Contributions on Payment in Lieu of Notice' 'supplementary Submissions Filed After Hearing Without Leave' 'costs']

Case Brief

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Procedural Posture

Employment Contract Appeal / Appeal From District Court of New South Wales Decision Entering Verdict for the Respondent

Legal Issues

  1. 1 ["Whether the respondent's redundancy policy was incorporated into the appellant's contract of employment expressly, by implication in fact, by custom or usage, or by operation of law." 'Whether the appellant was contractually entitled to redundancy pay when his employment was terminated.' "Whether payment in lieu of six months' notice required a 9% superannuation contribution to the appellant's complying superannuation fund." 'Whether supplementary submissions filed after the appeal hearing without leave could be taken into account.' 'What costs orders should be made in light of the outcome on the redundancy and superannuation issues.']

Ratio Decidendi

The redundancy appeal failed because the redundancy policy was not incorporated into the appellant's employment contract and no redundancy payment term should be implied by law into all employment contracts. The appellant succeeded in substance on the superannuation issue because his remuneration package contractually included superannuation at 9% of base salary, payable for the six-month notice period even though the respondent elected to make payment in lieu of notice; however, because the respondent paid the amount due with interest, no formal payment order was necessary and the appeal was dismissed without prejudice to costs submissions.

Court Disposition

Appeal dismissed; respondent succeeded on the Notice of Contention on the redundancy issue, while the appellant succeeded in substance on the superannuation issue after the respondent paid the amount due with interest.

Orders

  • ['Parties directed within 14 days of the date of judgment to file written submissions as to the costs of the appeal.' 'Parties directed within 14 days of the date of judgment to file written submissions as to the costs of litigating the superannuation issue in the District Court.' 'Parties directed to address...